Shaffique, J.

1. This petition is filed by the appellant claiming refund of one half of the court fees paid the appeal.

2. The appeal was withdrawn by filing a memo stating that the appellant and respondent have settled the matter out of court and the appellant prefers to withdraw the appeal. In the memo there was a request to refund to entire court fee. The question that arises for consideration is whether the petitioner is entitled for refund of any court fee paid in the appeal.

3. According to the learned counsel for appellant, when the appeal is withdrawn on arriving at a settlement between the appellant and the respondent, it amounts to a compromise as envisaged under Order XXIII Rule 3 of the Code of Civil Procedure (hereinafter referred as ‘Code’) attracting Section 69 of the Kerala Court Fees and Suits Valuation Act (hereinafter referred to as the ‘Act’).

Section 69 of the Act reads as under:

“Refund in cases of compromise or when suit is decided on the admission of parties.-“When a suit or appeal or is compromised or when a suit is decided solely on the admission of the parties without any investigation, one-half of the Court-fee paid on the plaint or memorandum